Bill Text: FL H0901 | 2011 | Regular Session | Comm Sub


Bill Title: Household Moving Services

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H0901 Detail]

Download: Florida-2011-H0901-Comm_Sub.html
CS/HB 901

1
A bill to be entitled
2An act relating to household moving services; amending s.
3507.01, F.S.; redefining the term "storage"; amending s.
4507.03, F.S.; providing for the biennial renewal of mover
5and moving broker registrations; authorizing the
6Department of Agriculture and Consumer Services to extend
7registration expiration dates in order to establish
8staggered dates; requiring the calculation of biennial
9registration fees based on an annual rate; deleting a
10provision requiring certain movers and moving brokers to
11obtain a local license or registration and pay the state
12registration fee; amending s. 507.07, F.S.; prohibiting a
13mover or moving broker from conducting business without
14being registered with the department; providing penalties;
15amending s. 507.13, F.S.; preempting local ordinances and
16regulations except in certain counties; restricting the
17levy or collection of local registration fees and taxes of
18movers and moving brokers; providing for local
19registration and bonding; exempting local business taxes
20from preemption; providing for retroactive application;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (13) of section 507.01, Florida
26Statutes, is amended to read:
27     507.01  Definitions.-As used in this chapter, the term:
28     (13)  "Storage" means the temporary warehousing of a
29shipper's goods while under the care, custody, and control of
30the mover.
31     Section 2.  Subsections (1), (3), and (4) of section
32507.03, Florida Statutes, are amended to read:
33     507.03  Registration.-
34     (1)  Each mover and moving broker must annually register
35with the department, providing its legal business and trade
36name, mailing address, and business locations; the full names,
37addresses, and telephone numbers of its owners or corporate
38officers and directors and the Florida agent of the corporation;
39a statement whether it is a domestic or foreign corporation, its
40state and date of incorporation, its charter number, and, if a
41foreign corporation, the date it registered with the Department
42of State; the date on which the mover or broker registered its
43fictitious name if the mover or broker is operating under a
44fictitious or trade name; the name of all other corporations,
45business entities, and trade names through which each owner of
46the mover or broker operated, was known, or did business as a
47mover or moving broker within the preceding 5 years; and proof
48of the insurance or alternative coverages required under s.
49507.04.
50     (3)  Registration fees shall be calculated at the rate of
51$300 per year per mover or moving broker. All amounts collected
52shall be deposited by the Chief Financial Officer to the credit
53of the General Inspection Trust Fund of the department for the
54sole purpose of administration of this chapter.
55     (4)  A registration must be renewed biennially on or before
56its expiration date. In order to establish staggered expiration
57dates, the department may extend the expiration date of a
58registration for a period not to exceed 12 months. Any mover or
59moving broker whose principal place of business is located in a
60county or municipality that requires, by local ordinance, a
61local license or registration to engage in the business of
62moving and storage of household goods must obtain the license or
63registration from the county or municipality. A mover or broker
64that obtains a local license or registration must also pay the
65state registration fee under subsection (3).
66     Section 3.  Subsection (1) of section 507.07, Florida
67Statutes, is amended to read:
68     507.07  Violations.-It is a violation of this chapter to:
69     (1)  Conduct business as a mover or moving broker, or
70advertise to engage in the business of moving or offering to
71move, without first being registered annually with the
72department.
73     Section 4.  Subsection (1) of section 507.13, Florida
74Statutes, is amended to read:
75     507.13  Local regulation.-
76     (1)(a)  Except as provided in paragraphs (b) and (c), this
77chapter preempts a does not preempt local ordinance ordinances
78or regulation regulations of a county or municipality which
79regulates regulate transactions relating to movers of household
80goods or moving brokers.
81     (b)  This chapter does not preempt an ordinance or
82regulation originally enacted by a county before January 1,
832011, or a subsequent amendment to such an ordinance or
84regulation. However, registration fees required by such an
85ordinance or regulation must be reasonable and may not exceed
86the cost of administering the ordinance or regulation. In
87addition, registration and bonding may be required only of a
88mover or moving broker whose principal place of business is
89located within that county's jurisdiction.
90     (c)  This section does not preempt a local government's
91authority to levy a local business tax pursuant to chapter 205.
92As provided in s. 507.03(4), counties and municipalities may
93require , levy, or collect any registration fee or tax or
94require the registration or bonding in any manner of any mover
95or moving broker.
96     Section 5.  The amendments made by this act to ss. 570.03
97and 507.13, Florida Statutes, apply retroactively to county and
98municipal ordinances adopted on or after January 1, 2011.
99     Section 6.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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